First Impressions: Rectification of Wills at the Court of Appeal
By Polly Storey In August of 2021, we commented on Simpson v. Simpson Estate, 2021 BCSC 1486, a decision that considered, for the first time, ... Continued
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By Polly Storey In August of 2021, we commented on Simpson v. Simpson Estate, 2021 BCSC 1486, a decision that considered, for the first time, ... Continued
Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, Q.C. and Polly Storey‘s article, “Binding The Will-maker’s Conscience: Is it Time to Use the Good Conscience ... Continued
In 2014, British Columbia’s Wills, Estates and Succession Act (“WESA”) greatly expanded the Court’s power to cure deficiencies in a Will under section 58, and ... Continued
Author: Zachary Murphy-Rogers In our previous article, we discussed how the Wills, Estates and Succession Act (WESA) sets out a mandatory distribution scheme for estates ... Continued
From its beginnings, the Sikh faith was a head of its time and emphasized the equality and dignity of women: From woman, man is born; ... Continued
Sometimes a gift to a charity provided through a will becomes impossible to fulfill because the charity no longer exists after the will-maker’s death. Enter: ... Continued
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court. In estate litigation ... Continued
A recent Ontario Court of Appeal decision has given greater clarity to how the courts treat a will-maker’s knowledge of his or her assets. It ... Continued
A recent decision shows how the Court may find a will-maker’s handwritten changes to be legally effective. Whiting a Beneficiary Out of a Will In ... Continued
Two recent BC Supreme Court decisions required the Court to determine when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) ... Continued
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 (“Quaggiotto”) helps to clarify the level of knowledge courts expect a ... Continued